The person who has broken his promise, commonly known as Lao Lai, will bring many bad consequences if he is included in the list. According to the information of China Information Open Network, the person who has broken his promise will be punished by credit in government procurement, bidding, administrative examination and approval, government support, financing and credit, market access and qualification identification.
1, the only housing court in Laolai that can be auctioned.
Policy interpretation: Only one house in the future is no longer the reason for Lao Lai to evade court execution. Even if the person subjected to execution has only one house, it can be executed; The executor of the application provides a set of small-area housing to the executor in accordance with the low-rent housing standards to maintain his living needs; The applicant executor shall provide the person subjected to execution with a lease fee of 5 to 8 years according to the local average lease price.
Case analysis: Liu Moumou in Shuyang, Suqian City, Jiangsu Province was involved in a private lending dispute, and his only house was auctioned by the court for 8 10000 yuan. Considering the needs of his future family life, the court paid him 50,000 yuan from the auction, which is equivalent to the local rental fee of about 6 years.
2. Seal up and freeze Lao Lai Alipay account.
Policy Interpretation: The funds in online virtual trading accounts such as Alipay, mobile payment and WeChat payment also belong to the property that the executed person can execute by the court. After becoming an old lai, I booked a tourist room online, bought insurance, rented a house, dated, etc. Will be restricted.
Case analysis: In 20 15 years, an old lai in Fenghua City, Ningbo, Zhejiang Province owed more than 600,000 yuan, refused to pay back the money, and played hide-and-seek with the judge. At first, the judge thought he had no money-he had more than 20 bank cards, and the one with the highest balance did not exceed that of 500 yuan.
You can freeze Lao Lai's property with a click of the mouse.
In the future, the executive judge can inquire, freeze and deduct the financial property of the executed person in more than 4,000 banking financial institutions across the country with a click of the mouse. Lai, it's not safe to deposit money in any bank in the future!
4. Lao Lai's list synchronizes sesame credit and online shopping is limited.
Policy Interpretation: the Supreme People's Court and Sesame Credit signed a memorandum of cooperation on credit punishment for those who broke their promises. Untrustworthy people are restricted from applying for loans and financing through Taobao or Tmall platforms, purchasing air tickets, train soft sleepers, insurance wealth management products, non-operating vehicles, travel and holiday products, booking hotels above three stars, and conducting luxury goods transactions online.
Case analysis: Because Zhao's mother used the property under his name as a loan guarantee, Zhao was on the court's "Lao Lai" list. This list was synchronized to Sesame Credit, which led to the reduction of Zhao's Alipay quota and the restriction of online shopping consumption.
5. Lao Lai shall not hold senior positions.
Any natural person (Lao Lai) who refuses to repay all or part of the debts due and is included in the list of people who have lost their trust by people's courts at all levels in the country will be punished by credit. He shall not be the legal representative, director, supervisor or senior manager of any company nationwide.
6, Lao Lai vehicles are not allowed to go to expressway.
Car travel under the name of "Lao Lai" will also be restricted, and the entrance and exit of expressway toll station will be suspended. Chongqing Higher People's Court and the First Team of Municipal High-speed Law Enforcement took the lead in cleaning up Lao Lai at G75, G65 Banan Toll Station, G85 Jiulongpo Toll Station and G93 Shapingba Toll Station.
As long as the "Lao Lai" vehicle drives on the high speed, it will be detained at the scene and handed over to the court by high-speed law enforcement. Now water, land, air and high speed are blocked. How do you go home and travel?
7. Water, land and air prevent Lao Lai from traveling.
Lao Lai can't buy a plane ticket; Trains can't buy soft sleepers, and ships can't buy second-class cabins; Can't take the first-class seat of high-speed rail and bullet train; You can't buy a private car instead of walking, and all kinds of land, water and air travel are blocked!
8. High consumption is prohibited.
Lao Lai can't spend at will in hotels, hotels, nightclubs, golf courses and other places above the star level; Want to buy a house, decorate the house is not allowed; Want to travel, want to vacation, can't; If you want to apply for a credit card and loan from the bank, it is difficult to pass the examination and approval!
9. Lao Lai's children are not allowed to attend key private schools.
Case analysis: A few days ago, the executor came to the court in a hurry to report that the child could not enter a private school. It turned out that Gao had a dispute with others before, but failed to perform according to the court mediation agreement, and was included in the list of people who were untrustworthy. The school that Gao signed up for his children is a high-fee private school, which belongs to one of the high consumption prohibited by the person who broke his promise, so the school refused Gao to go through the admission procedures for his children.
10, which restricts Lao Lai from trading stocks, buying houses and leaving the country.
At the press conference held in the Supreme People's Court, the Memorandum of Cooperation on Joint Punishment of Persons Executed for Dishonesty was released, which was led by the National Development and Reform Commission and the Supreme People's Court and signed by 44 units including the People's Bank of China and the Central Organization Department. The memorandum restricts Lao Lai from trading stocks, leaving the country and buying real estate.
1 1, the pension can be deducted directly.
The pension due to the person subjected to execution shall be regarded as the fixed income of the person subjected to execution at a third party and belong to the scope of his responsible property. According to Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), the people's court has the right to freeze or deduct. However, before freezing or deducting, the necessary living expenses of the person subjected to execution and his dependents shall be reserved.
12, Lao Lai can be sentenced to a maximum of 7 years.
From 20 15, 1 1, the criminal law amendment (IX) came into effect. Among them, Article 313 of the Criminal Law is amended as: "Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
First of all, the object of punishment: The Memorandum * * * puts forward 55 disciplinary measures in eight categories, which comprehensively restricts the establishment of financial institutions, civil and commercial activities, preferential policies, important positions, etc. by those who have lost their trust.
Secondly, the intensity of punishment: originally, one department punished the untrustworthy parties in one field, but now it has been changed to multiple departments to punish the untrustworthy parties in multiple fields. The object of punishment includes not only the natural person who has broken faith, but also the unit that has broken faith and its legal representative, principal responsible person, the person directly responsible for debt performance and the actual controller.
Third, the scope of influence: involving more than 30 key areas such as financial institution approval, civil and commercial transaction security, food and drug management, safe production, government preferential subsidies, supervision and management of state-owned enterprises, legal representative appointment, employee recruitment, civilized unit participation, tourism, vacation, exit restrictions, conviction and punishment.